Revolutionary War Pension and Bounty Land Warrant Application File W. 10940, Luther Eaton, [ILLEGIBLE]

SERVICE
NUMBER
Eaton, Luther Mary
No. 10940 B.L. No. 39.488-160-55-
CONTENTS

15954 G. Garrison William Dabney
of _____ in the State of _____ who was a _____ of the _____ commanded by Captain _____ of the _____ commanded by _____ in the Revolution Vine for _____ from $27.50 _____ 100
Inscribed on the Roll of _____ Boston at the rate of _____ Dollars _____ Cents per annum, to commence on the 4th day of March, 1821, _____ _____ July 1821
Certificate of Pension issued the 1 st day of _____ 1821 and No. _____
Arrears to the 4th of _____ Semi-annual allowance ending _____ _____
Revolutionary Claim, Act June 7, 1832.
Recorded by _____ Clerk, Book _____ Vol. _____ Page 95

5770
Massachusetts
Mary Eaton widow of Luther
who served in the Revolutionary
war, as a friend & fifer
Increased from $87 33 / 100
Inscribed on the Roll at the rate of 40 dollars 00 cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued 1 st day of Oct. 1856 and sent to
Elijah Clark Brighton Mass
Recorded on Roll of Pensioners under act February 3, 1853, Page 10 Vol. 16

242. 063 Oct Mar. 3. '17
15 April 16. '16
Mary Eaton, mid.
Luther Eaton, fri. & fipn
Ms. B. 1. 6 v. 3, p. 118
Revij. war.
Par. Act 7. June 1832.
Ms. B. 1. 6 v. 3, p. 118 160 111, Aug. 28/86 1/12
Elijah blank.
Brighton
Mass.
Vol E = 4

Luther Eaton
11,855.8
v
claims for 11 months

ATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF Middlesex  Worcester , ss. ON this twenty ninth day of August in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before the Probate Court for said County - now sitting Luther Eaton a resident of Framingham in the County of Middlesex and Commonwealth of Massachusetts, aged sixty nine years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated. I was born in said Framingham on the eighteenth September in the year seventeen hundred & fifty two , but there is no record of my birth within my knowledge. At the time of my enlistment I was living in said Framingham & have lived there ever since, excepting about four months in the year 1828 when I lived at Orego in New York state.
I enlisted into the state service in 1775 sometime after the Concord fight for eight months , & went to Cambridge near the college - was there about two months - then on Prospect hill about two months more & then on Winter hill the expiration of the eight months - my officers were Col. John Nixon; and Lt. Col. Thomas Nixon; Capt. Thomas Drury Davis , Lt. W m Maynard & Lt. Joseph Mixer.
I enlisted again as a gig in the state service about the first of May in seventeen hundred & seventy seven , and went to Providence in Rhode Island - was there about one month, & was at North Kingston in the same state for the remainder of the two months - my officers were Capt. John Gleason, Lt. Joseph Goodnow of Sudbury, & Lt. Brig- ham of Marlborough. I do not remember the name of any other officers; there were but two companies, & I think there were no Regimental Officers.
In the month of July seventeen hundred & eighty I was drafted in a called into the state service by the state authority in a week  commanded

of Scramble  with me a part of the time and the first entertainment , and in the only  former with my knowledge  who can testify to my services
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Luther Eaton
J. P. May M. D.

We, Charles Train a Clergyman residing in the Framingham Mass. and Josiah Adams residing in said Framingham hereby certify that we are well acquainted with Luther Eaton who has subscribed and sworn to the above declaration, that we believe him to be sixty nine years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
J. P. Fay Clerk
Charles Train Josiah Adams
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Luther Eaton Chas. Train who signed the preceding certificate, is a clergyman, resident in the town of Framingham and that Josiah Adams who has also signed the same is a resident in the same town to person, and that their statement is entitled to credit.
J. P. Fay Clerk
Second Judge Register
Clerk of the Court of Probate aforesaid
do hereby certify
that the foregoing contains the original proceedings of the said Court in the matter of the application of Luther
Eaton for a pension. Also a copy that Josiah Adams & Henry Richardson when ever proper signatures are set to the certificate, or the Deeds, which are severally attested to the Peace within said county.
IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the seal of said Court twenty one the day of August
in the year of our Lord eighteen hundred and thirty two
James Folsom Clerk
Luther Eaton
claims for 11 months

In the month of July seventeen hundred & eighty I was accepted in called into the state service by the state authority in a company commanded by Capt. Aaron Buttmann of Framingham, and marched under him to Trenton in P.T. & was station- -ed at Trenton & remained till the troops were dis- missed, which was one month -
Ebenezer Eaton of Framingham was with me the a part of the time under the first enlistment, and the whole time under the last - his deposition is annexed - Elisha Frost of said Framingham was also with me a part of the first & the whole of the last term & his deposition is also annexed -
In regard to the other term, I know of no sur- -vivor who can testify for me, & I have no doc- -umentary evidence whatever, & I never had any Discharge -
I refer to Hon. Genl. Maynard, & the Rev. Dr. Kellogg of Framingham for testimonials of my character as a man of truth
Luther Eaton
Sworn J. A. Fay Wrot
(see underneath)

Commonwealth of Massachusetts County of Worcester ss.
On this first day of April, eighteen hundred and fifty six, personally appeared before the Hon. Thomas Kennicutt, Judge of the Court of Probate in and for the County of Worcester and State aforesaid, Mary Eaton, a resident of Worcester in said County, and late a resident of Framingham in the County of Middlesex, in said Commonwealth, aged seventy two years. Who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed July 29, A.D. 1848, as well as the Act of Feb. -nuary 3, 1853, granting pensions to the widows of Revolutionary officers and soldiers.
That she is the widow of Luther Eaton, late of Framingham, State aforesaid, a Revolutionary pensioner of the United States under Act of June 7, 1832, and that he received a pension of Thirty seven dollars and thirty three cents per annum, which was paid to him at the agency for paying pensions in Boston in the State of Massachusetts which pension he received in consideration of his services in the War of the Revolution as a private fifer, from said Framingham. She further declared, that she was married to the said Luther Eaton, by the Rev. David Kellogg, in Framingham aforesaid, on the twenty fourth day of November in the year eighteen hundred and twenty eight.
see

That her husband the said Luther Eaton, died at his place of residence in Framingham, aforesaid on the fourth day of July, eighteen hundred, and forty eight. That she was not married to him prior to January first seventeen hundred and ninety four, but that the marriage took place previous to the third day of February in the year eighteen hundred and fifty three, viz. at the time above stated, and that she has not intermarried since the death of her late husband Luther Eaton but remains a widow.
Polly Eaton Mary Eaton
Sworn and subscribed to by the said Mary Eaton, in open court on the day and year first above written. and I certify, that I have no interest in the prosecution of this claim of the request, though
and I further certify that said Mary Eaton by reason of age & infirmity is unable to appear in open court, and that she first subscribed the name Polly Eaton & afterwards Mary Eaton, stating to me that she sometimes wrote it Polly Eaton & sometimes Mary Eaton.
The Associate Judge of Probate }

Commonwealth of Massachusetts. Worcester ss.
I Charles G. Prentiss, Register of the Court of Probate for said County of Worcester, do certify, that Thomas Kinnicut, is the Judge of Probate for said County, duly commissioned and qualified, and that the signature to the foregoing Certificate purporting to be his, is genuine.
In testimony whereof, I do hereunto set my hand and the seal of said Court this first day of April, in the year of our Lord, one thousand, eight hundred and fifty five.
Chas. G. Prentiss, Register.

Commonwealth of Massachusetts County of Worcester ss.
On this first day of April Eighteen hundred and fifty six, personally appeared before me, a justice of the peace within and for the County and State aforesaid, Mary Eaton aged seventy two years, a resident of Worcester in the State of Massachusetts, who being duly sworn according to law, declared that she is the widow of Luther Eaton deceased who was a private of pipes in the service of said county in the War of the Revolution, which service was rendered from the town of Framingham his late place of residence, and that he was a Revolutionary Pensioner of the United States under the act of June 7, 1832, and received a pension of thirty seven dollars and thirty three cents per annum, which was paid at the Agency for paying pensions in Boston in the State of Massachusetts. She further states that she was married to the said Luther Eaton in the aforesaid town of Framingham by the Rev. David Kellogg on the twenty fourth day of November, in the year eighteen hundred and twenty eight, that her said husband Luther Eaton died at his place of residence in Framingham aforesaid on the fourth day of July, eighteen hundred and forty eight, and that she is now a widow. She makes this declaration for the purpose of obtaining the County Land to which she may be entitled under Act approved March 3, 1835, and for proof of the above statements, she refers to her papers on file in the pension office, claiming pension under act of July June 7, 1835, Polly Estelle Eaton

We William Smith and Abby S. Smith residents of Worcester in the State of Massachusetts do upon our oaths declare that the foregoing declaration was signed and acknowledged by Mary Eaton in our presence, and that we believe from the appearance and statements of the Affiant that she is the identical person she represents herself to be.
William Smith
Abby S. Smith
The foregoing declaration and affidavit were sworn to and subscribed before me, and the day and year above written, and I certify that I know the Affiants to be credible persons. I believe that the claimant is the person she represents herself to be, and that I have no interest in this claim. - I further certify that the claimant first subscribed her name to the foregoing declaration, Polly Eaton, or afterwards Mary Eaton, stating that she sometimes uses the name Polly Eaton or sometimes Polly
The Minister. Justice of the Peace.

Commonwealth of Massachusetts.
Secretary's Office, Boston, April 4 th 1856
I Hereby Certify, That at the date of the attestation hereunto annexed,
Thomas Verrill
Justice of the Peace for the County of Worcester
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of Which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
H. D. Wite Secretary of the Commonwealth.

"Record of Marriages in 1828 One Thousand eight hundred and twenty- eight, November twenty-fourth.
Mr. Luther Eaton, Mrs. Mary Eaton  Newton both of Framingham."
I hereby certify that the above is a true extract from the original Records of Fram- ingham, with the exception of date which is expressed in the margin in fair legible figures, as follows: "1828 Nov. 24"
"A true copy of the Church Records."
Attest David Kellogg Pastor
Attest Charles S. Whitmore
Dea. Clerk of Framingham
Charles S. Whitmore above named, do hereby and say that I hold the office of Church Clerk in the town of Framingham, in the County of Middlesex and commonwealth of Massachusetts, and that the above is a true extract from the Records of said town, with the exception of date as above certified by me. And I also certify, that I found in the Record of Deaths, the following:
"No. 23 Luther Eaton Condition. Yrs. mos. days Date of Death " Married 85 9 16 Farmer. July 4, 1848
Charles S. Whitmore Dea. Clerk.

Commonwealth of Massachusetts, County of Middlesex. ss. Cambridge March 31. A.D. 1851 I, the undersigned, officer Charles S. Whittier was clerk of the foregoing, and made oath to the truth of the foregoing certificate by him made and subscribed, and I certify that the word "Eaton" on the fifth line was erased and the word "Newton" interlined previous to signing and making oath. I also certify that I have no interest in the matter for which this certificate is made.
Before me Elias D. Dinsmore Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, April 4 th 1856
I Hereby Certify , That at the date of the attestations hereunto annexed, Chas Temple was a Justice of the Peace for the County of Middlesex, and Henry Richardson was also at the time herein a Justice of the Peace for the County of Middlesex in the said Commonwealth, duly commissioned and constituted; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of Which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
H. D. WITTE Secretary of the Commonwealth.

I, J Trowbridge Stone, of Framingham in the County of Middlesex and Commonwealth of Massachusetts, yeoman, depose and say, that I was personally acquainted with Luther Eaton deceased, that he resided in Framingham and in my immediate neighborhood, and I can remember him as residing in said Framingham here for forty or fifty years, I was knowing to his being a Revolutionary pensioner of the United States, and that he died in this neighborhood about 1848, that he left at the time his decease a widow whose name was Polly or Mary, which was always considered, mean one and the same person, that the said Polly or Mary removed from this town to Worcester in the County of Worcester, soon after his, the said Luther's death, and that she now resides there and remains a widow, and is about seventy five years of age.
And I further depose and say that I am sixty five years of age and have resided in this town nearly all my life.
J Trowbridge Stone
Middlesex ss. When personally appeared the above named J Trowbridge Stone, and was oath in due form of law that
the above deposition by him subscribed was true, before me
April 21st A.D. 1856
Henry Richardson, Justice of the Peace. Framingham, April 21st 1856
I hereby certify that J Trowbridge Stone, above named is a person of truth and veracity, also that the words "to" and "eight" were interlined before signing, also that I have no interest in the matter for which this affidavit is taken.
Henry Richardson, Justice of the Peace.

111868 Luther Eaton Mall
Trifer 2 Mark Pmab 9 " 11
365 566 33
Isiah Adams Framingham man

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Luther Eaton County of Middlesex
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Oct 6 1775 8 Capt Brury Lt Myles 29 Barnes Affidavit for 9 Mos Service Capt Brury Authenticated   ~ 1777 2 Piper Capt Mason 27 Hingham   ~ 1780 1 Capt Backmaster 30 Hingham  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
[A. B.]
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the terms the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[1] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[2] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[3] This traditional evidence is indispensable in militia cases.
[4] If a witness cannot be found, the declarant must state the fact.
[5] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
X the witness not confined to be credible

Resolutions Massachusetts
WIDOW, &c.
File No. 18940 Rev. E. C. Eaton Widow of Subj. E. C. Eaton Rev. E. C. Eaton
Act: 18940
Index:—Vol. 11 , Page 206
[Arrangement of 1870.]

5 89,488
J New Amos

Luther Eaton, deceased Menase Mass.
Admitted act June 7 1832 -
10 mos. fees 36.66 2 / 3 1 " private 3.33 1 / 3 $40.00
from March 4. 1831. to July 4. 1848, when he died - former payments under same act at $37. 33 1 / 3 to be deducted -
Mary Eaton, widow of Luther admitted deceased at February 3. 1853, at rate of $40 per annum, commencing at date of said act former payments at rate of $37. 33 1 / 3 to be deducted = Pay widow in both cases
Certificate to Elijah Clark Brighton Mass.

2) Pension Office, May 8, 1856.
The Third Auditor will please certify the act to which within named persons was party, and name of his widow, if she recd. annuity, Very respectfully,
J. D. Cole Chief Clerk
Under.

3 rd Auditing Office May 19/35
Mr.
Father Elias, maps Oct 1830 at 40p. 33. died 1833 & his succession has been found in full at date to Polly Palm his widow New Bedford Mass Oct 1830
J. Minot Lapham Circuit of Boston
Chas. S. Briggs acting auditor
C.C.

Mary Eaton } No. Wis: } 6.337 Southw.
Set: E. Clark, Apr. 18/56
Oct 15/53

Sir:
The bond, bond Clau been examined & suspended as will identify her husband & service, are described in of

Mary Eaton, widow of Luther Eaton! Worcester Co. Massachusetts. Adm l . act Feby 3 1853 at rate of $37.33 c commencing at date of said act! Husband was 9 mos. private } left 2 " fifer }
Pay widow
Certificate to Elijah Clark Esq r Brighton, Mass ts

15-954
Maria G. Caton
Luther Caton
of Middlesex in the State of Mass who was a Private in the Company commanded by Captain Smith of the Regt commanded by Col. G. H. R. in the Mass line for 9 months, State Super 2..
Inscribed on the Roll of Massachusetts at the rate of 37 Dollars - 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 th day of Aug 1833 and sent to Adams Framingham Mass Arrears to the 14th of March 1833 $4.66 Pension allowance ending 14th March 1833 $15.67 $20.33
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Addison Clerk, Book E Vol. 2 Page 21

3770 Massachusetts Mary Dulin widow of Luther who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 37 dollars 33 cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued 14 th day of May 1853 and sent to Oliver Olin Brigham Mass.
042063 042063
Recorded on Roll of Pensioners under act February 3, 1853, Page 10 Vol. VI

... ... ... ...
2212.063

Brighton, Mass. April. 4. 1856.
Hon. J. Minot Commissioner of Pensions
Dear Sir. I enclose to you herewith the Claims of Mary Eaton of Worcester widow of Luther Eaton late of Framingham for Bounty Land under Act of March. 3. 1855- Very Respectfully O. C. S. T. & C Elijah Clark

Brief in the case of Luther and Mary Eaton Worcester County and State of Massachusetts acts June 7, 1832, and February 3, 1853.
Claim, (" Original " "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Luther Eaton, was pensioned under act of June 7, 1832, at rate of $37.33 c per annum for 11 months service as private, and his widow, Mary Eaton, was pensioned under act of February 3, 1853 at same rate. Luther Eaton died July 4, 1848 as shown by his Auditor's Certificate. It is now shown by record evidence that Eaton served ten months.
(If for increase.) Has additional evidence been filed since the admission of the claim? If so, what?
as Life , and one month as private, and the widow surrenders her certificate and demands increase accordingly, allowed at rate of $40 per annum.
Elijah Clarke Esq. Brighton, Massachusetts
Name and residence of Agent
R. Beddy Examining Clerk.

Brighton, Mass. April, 4, 1856.
Hon. J. Minot Commissioner of Pensions.
Dear Sir. I enclose to you herewith the claim of Mrs Mary Eaton of Worcester, widow of Luther Eaton, late of Framingham, for a Pension under Act of February 8, 1855.
Very Respectfully Obedt Servt Elijah Clark

rief in the case of Mary Eaton, widow of Luther Eaton . Worcester ~ County and State of Massachusetts . act February 3, 1853 .
Claim, ("original," or  revised )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? - If either, state the substance.
Husband of claimant was a pensioner under act of June 7, 1832 at rate of $37.33 per annum, and died 4 th Aug 1848 as shown by 3 rd Auditor's Certificate and Parl. Marriage proved by verified copy of Town records, and claimant's identity as the present widow of the pensioner shown by the testimony of three credible witnesses attesting accordingly.
(If for increase.)
Has additional evidence been filed since the admission of the claim? - If so, what?
Elijah Clarke Esq. Brighton, Name and residence of Agent Mass s
R. G. Dyer Examining Clerk.

We Micah Stone of Framingham in the County of Middlesex and Commonwealth of Massachusetts, and Mary P Richardson of said Framingham, depose and say, that we were personally acquainted with Luther Eaton of said Framingham deceased, who was a Revolutionary pensioner of the United States that he died in this neighborhood about seven years since, that at the time of his decease he left a widow whose name was Mary, sometimes called Polly or Nelly that she resided in this town a few months after said Eaton's decease, and then removed to Worcester in this Commonwealth where she now resides and has not married, that at the time of her marriage with said Eaton her name was Mary E Benton, and she was the Widow of John E Benton but is now the lawful widow of Luther Eaton aforesaid, and we depose and say that we have known the said Luther Eaton and the said Mary for thirty years last past.
Micah Stone
Mary P Richardson
Middlesex ss. April 23 d 1856 Then personally appeared the above named Micah Stone and Mary P Richardson and made oath in due form of law that foregoing deposition by them subscribed was true before me.
Henry Richardson, Justice of the Peace

Middlesex ss April 23 1856
I hereby certify that Hannah Stone, and Mary P. Richardson are both persons of truth and veracity, and I further certify, that the statements made by said defendants, are true, to my own personal knowledge, and that I made out the pension papers for the said Luther Eakin for a number of years before his decease, and also that I am in no way interested in matter for which the foregoing affidavit was taken.
Henry Richardson, Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, April 24 th 1857
I Hereby Certify, That at the date of the attestation herunto annexed,
Henry Richardson was a
Justice of the Peace for the County of Middlesex
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of Which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
J. D. Witt Secretary of the Commonwealth.

Commonwealth of Massachusetts.
Secretary's Office, Boston. May 22 d 1856.
I Hereby Certify, That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Luther Eaton is borne on return of 8 mos men in Capt Thomas Denny's Comp. Col. John Nixon's Regt. name borne on Coat roll, dated Camp, Winter-Hill (Dec. 22, 1778) as Sifer, from Framingham. Also on pay roll of Capt. John Gleason's (Comp. Col. Josiah Whitney's Regt. from May 1/11, (two tents & 8 days) 2 mos. 18 days), as Sifer from Framingham. Also on pay roll of Capt. Vawson Buckminster's Comp. Col. Abner Denny's Regt. from July 28. to Aug. 7. 1780 (14 days), band included, from Framingham. Also on pay roll of Capt. Staples (Chamberlain's Comp. Col. Denny's Regt. from March 7. 1781. 11 days), from Framingham.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
J. D. Wells Secretary of the Commonwealth.

I, Mary Eaton of Worcester in the County of Worcester and Commonwealth of Massachusetts, widow of Luther Eaton, late of Framingham in the County of Middlesex in said Commonwealth, Depose and say, that I have good reason to believe that my late husband did not receive a pension for all the services he rendered his country in the War of the Revolution, and I request the Secretary of this State, to examine the Rolls and documents in his Office for proof of all the services rendered by the said Luther Eaton , a resident of Framingham in the County of Middlesex , as private , captain , or officer , and according to the best of my knowledge he was in the service at the commencement, at Lexington and Concord Alarm, and was in the eight months service 1775, in Capt. Thomas Drury Company in Col. Nixon's Regt. and may have been at Cambridge or Roxbury in Capt. Michael Wheeler Company, in 1776, or in some other service in that year, and was at Rhode Island in Capt. J. Gideon Company, 2 d & 3 d months in 1777, also was at R.I. in 1778, a short time under Capt. Lawson Puckett's command, and was in the service, also at R.I. at another time which he did not prove as he believes, or did not claim a pension for. He not at the time, showing evidence of the additional services Mary Eaton
Middlesex ss. The above was signed to by the said Mary Eaton, in my presence. Elijah Clark, Justice of the Peace.

Brighton Mass. Sept. 13. 1856.
Hon. J. Minot. Commissioner of Pensions.
Dear Sir. I enclose to you herewith the Pension Certificate of Mrs. Mary Eaton of Worcester. The widow of Luther Eaton, late of Framingham, and her claim to a small increase to the pension allowed to her husband, and also to that which she now receives.
Respectfully yours Col. D. G. C. Elijah Clark

Commonwealth of Massachusetts.
MIDDLESEX, ss.
I, ALFRED A. PRESCOTT, Register of the Court of Probate in and for the County of Middlesex, aforesaid, hereby certify, that at a Court of Probate  died Luther Eaton late holder of of Framingham — in and for said county, on the fourth day of July in the year of our Lord one thousand eight hundred and thirty forty eight, in said Framingham: that he was a Revolutionary Pensioner of the United States, under a Law passed June 7, 1832, at the rate of $37.33 per annum; that he left at his decease his decease, Mary Eaton, his widow, who now resides in the City of Worcester, in the County of Worcester, and that she has not intermarried since the death of the said Luther Eaton, and that she is still living.
and gave Bond to the amount of the duty of said Court for the due performance of said Court's order to wit:
I further certify, that Satisfactory evidence has been furnished to said Court of the truth of the above statements, and that the said Luther Eaton was a resident of said Framingham.
I also certify, that it appears by the records and files in said office, that said appointment remains in full force, in no wise revoked, removed, or annulled.
In witness whereof, I have hereunto set my hand and the seal of said Court, this Tenth day of September in the year of our Lord one thousand eight hundred and fifty Six
A. Prescott REGISTER.

DEPARTMENT OF THE INTERIOR. WIDOW'S PENSION.
I certify that, in conformity with the 2d section of the act of February 3, 1853,
Mary Estlin, widow of Luther Estlin,
who was a private and fifer, in the revolutionary war, is inscribed on the Pension List, at the rate of thirty seven dollars and thirty three cents per annum, commencing on the 3d of February, 1853, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the Department of the Interior, this fifteen 11th day of May one thousand eight hundred and fifty three
Robert Ward Secretary of the Interior
Examined and countersigned,
Issac Commissioner of Pensions.

Brighton, Mass. April 24, 1836
Hon J. Mint. Commission of Pensions
Dear Sir, I enclose to you herewith additional evidence in the case, claims of Mary Eaton, widow of Luther Eaton, late of Framingham, a Revolutionary Pensioner of the United States under Act of July, 7, 1832. Very Resp t your Ob d S er v t Elijah Clark

We the subscribers hereby declare and certify that we have known Mr. Luther Eaton of Framingham for many years, & that he has the reputation of being an honest man & sustains a good character for truth
Charles Train { a Clergyman of Framingham
Elias Temple { Selectman and Nathan Stone { Town Clerk of Framingham Samuel Warren { Selectman of Framingham
Middlesex ss.
August 30 1832 Personally appeared & Nathan Stone & Samuel Warren Rev. Charles Train, & Elias Temple, & made oath that the foregoing declaration by them subscribed is true Before me & I certify that they are all credible witnesses for a reason
Josiah Adams { Justice of the peace

Ebenezer Eaton of Framingham (Mass) testify & say that I was a sergeant  private soldier in the revolutionary war & enlisted with brother Eaton at then & now of said Framingham, soon after the Concord fight in 1775, into the state service. We were in Capt. Thos. Drury's company, & enlisted for eight months. We first went to Cambridge - thence to Prospect Hill & thence to Winter Hill. Having served about six months, I came home & sent a substitute. Said Eaton was with me all the time I served and I left him there - I understood at the time & ever since that he served out his term of eight months, & I have no doubt of the fact.
I further testify that said Eaton & myself went to Framingham in R.T. in 1780 in the month of July. It was at the time of the "alarm" - We were ordered out by the state authority, & were in a company commanded by Capt. L. Benkaminson of Framingham. We served at this time one month, & said Eaton went & returned with me according to the best of my knowledge and belief. Ebenezer Eaton
Commonwealth of Massachusetts Middlesex ss. Augt. 29. 1832 Then Ebenezer Eaton, known to me as a credible witness, made oath that the above deposition by him subscribed is true. Robt. me. Henry P. Dickinson { Justice of the peace

Fremingham, Middlesex Co. (Mass.) This certifies that the birth of Luther Eaton who is reported to have been born in said town does not appear to have been entered on the records thereof.
August 27. 1832
Attest
Elias Temple
{ Town Clerk of Fremingham

West of Framingham in the County of Middlesex testify that I am personally acquainted with Mr Luther Eaton of Framingham in said County - that he served as a musician in Capt. Shuraff's Company, Col. John Nixons Regt at Cambridge in the year 1775, and that he did duty as a musician in the Regiment in the month of June the same year.
Elisha Frost
I was a private in the same company - I was in the service but one month, & do not therefore know that he said Eaton was there for a longer term - I understood however that he enlisted for eight months & that he served out that term. I have always believed and still believe that the fact was so -
I further testify that I was called out by the State authority at the time of the "alarm" in 1780 & marched in Capt. Law- son's company about the first of July from Framing- ham to * Freetown & was afterwards stationed at Freetown - The company remained there with the Regiment one month & was then dismissed - Luther Eaton, then a man of Fram- ingham
was a private in the same company & served with me the same term
Elisha Frost
Middlesex ss. Augt. 29. 1832. Personally appeared Elisha Frost of Framingham & made oath that the foregoing affidavit by him subscribed is true before me, & I certify that he is a credible witness - Josiah C Adams Justice of the Peace
Aug. 29. 1832. J. C. A.

Commonwealth of Massachusetts County of Worcester ss.
On this twentieth September — Eighteen hundred and fifty six, personally appeared Mrs. Mary Easton, a widow, a Justice of the Peace in and for the County and State aforesaid, Mary Easton a resident of Worcester in said County, aged seventy seven years, who being duly sworn according to law states on her oath, makes the following additional declaration, in order to obtain an increase to the pension which she now receives under the act of Congress passed February, February, 3, 1853. That she is the widow of Luther Easton, late of Framingham in the County of Middlesex, a deceased Revolutionary pensioner of the United States under the act of June 7, 1832. That the said Luther Easton rendered his country service in War of the Revolution, as follows: First, eighteen months service at Cambridge & Roxbury Boston and Bunker Hill under Capt. Thomas Drury, Company in Col. John Nason's Regt. in the year 1775. Also, three months and eight days service at New Bedford under Capt. John Gleason Company in Col. Joseph Whitney Regiment from May, 1777, to June, 1778. Also, fourteen days service at R. I. in Capt. Duran Buckingham's Company, Col. Ebenezer Dyer's Regt. from June 28, 1780. Also, eleven days service in Capt. Staples' Company, Col. Dyer's Regt. from March, 1781. She further declares that she was married to the said Luther Easton by the Rev. David Kellogg in Framingham.

on the twenty fourth day of November in the year eighteen hundred and twenty eight . That her husband the said Luther Eaton died in said Farmington on the fourth day of July eighteen hundred and forty eight and that she still remains his widow, and refers to her papers on file in the Pension Office for proof of her marriage & her husband's death.
Mary Eaton
Sworn to, and Subscribed on the day and year first above written by the said Mary Eaton. And I certify that I am not interested in this claim.
Abiah Brewster, Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston.
185
I Hereby Certify, That at the date of the attestation hereunto annexed,
Justice of the Peace for the County of
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
A. D. Merrill Secretary of the Commonwealth.

Commonwealth of Massachusetts County of Worcester ss.
On this tenth day of September, Eighteen hundred and fifty six, personally appeared before me Daniel G. Brewster, a Justice of the Peace, in and for the County and State aforesaid, Mary Easton, aged seventy two years, a resident of Worcester in said County who being duly sworn according to law, doth on her oath make the following additional declaration in order to obtain an increase to the pension allowed and paid by her late husband Luther Easton a private and officer, which she received under the Act of Congress passed June, 7, 1832, granting pensions to the officers and soldiers who rendered their Country Service in the War of the Revolution. That her petitioned stated that he did not give one service, as that he was not pensioned for one service he rendered. She now claims under the 2 d section of the Act of July, 4, 1836, an increase to the pension which she received, for the eight months service he rendered in Capt. Thomas Drury's company, Col. John Nixon's Regt. as officer at Cambridge & Charlestown in the year 1775, also two months and eight days service in Capt. John G. Ladd's company, in Col. Josiah Whitney's Regt. as officer at R. Island also, fourteen days service in Capt. Lawrence Buckingham's company, Col. Abner Benney's Regt. at R. Island from July 29, 1780 also, eleven days in Capt. Stephen Chamberlain's company, Col. Drury's Regt. from March 7, 1781, at R. Island and she hereby declared that she is the lawful widow of the aforesaid Luther Easton who was a Revolutionary soldier of the United States, and died in Framingham in the County of

Middlesex State of Massachusetts, on the fourth day of July, Eighteen hundred and forty-eight.
Mary Eaton
Sworn to, and subscribed to by the said Mary Eaton on the day and year first above written, and I certify that I am not interested in this claim.
Chas. G. Prouty Justice of the Peace.

Commonwealth of Massachusetts.
Secretary's Office, Boston, 1856
I Herewith Certify, That at the date of the attestation hereunto annexed,
Justice of the Peace for the County of
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
A. D. Merrill
Secretary of the Commonwealth.

I Henry Richardson of Framingham in the County of Middlesex and Commonwealth of Massachusetts, do hereby certify that I have known and say, that I was personally acquaint- ed with Luther Eaton of this town (now deceased) that he was a Pensioner of the United States in consideration of his services in the War of the Revolution. That I formerly made out his papers for him to obtain his semi-annual payments and acted officially in the capacity of a Justice of the Peace, and I have formerly heard him say that there was some part or portion of his service in the Revolution, that he did not get or receive a pension for, or that he could not at the time he obtained his pension prove by any witness.
Henry Richardson Commonwealth of Massachusetts,
Middlesex ss. Brighton Framingham Sept. 11 st 1836. Then personally appeared Henry Richardson, known and made oath to the truth of the above affidavit by him subscribed, he being a gentleman of known and I certify that the word Brighton was wrote and Framingham wrote over, was done by me in dating of this certificate.
Before me, Elijah Clark, Justice of the Peace.